Showing : 81-90 of 165 Results

PATNA HIGH COURT
Year of decision: 2012
Details
Succession Act, 1925, Section 217, Limitation Act, 1963, Article 137-- Probate - Delay of more than 25 years in filing probate case - No explanation regarding delay - Explanation that applicant husband did not know legal implication of probate and hence did not file probate application earlier - Held, no explanation in the eye of law - Petition for probate barred by..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 91, Specific Relief Act, 1963, Section 39-- Suit for mandatory injunction - Construction of roof on public street - Obvious consequence thereof would be that flow of natural light and air to the adjoining premises would be diminished - Suit filed by neighbour for mandatory injunction as construction has caused special damage to him, is..........
GAUHATI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection plaint - Whether a plaint can be rejected U.O.7.R.11 CPC even after settlement of issues or at starting of the trial? - Held, a plain reading of O.7.R.11 CPC does not bar rejection of a plaint at any stage of the proceeding if the suit is barred by law - In other words, starting of the..........
NATIONAL DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
Year of decision: 2011
Details
Consumer Protection Act, 1986, Section 2(1)(g), 3, Limitation Act, 1963, Article 54, Contract Act, 1872, Section 23, 24, 28-- Additional remedy - Complicated questions of facts and law - Plot allotment - Sale Deed - Execution of - Specific performance - Limitation - Original contract made between deceased 'S' and deceased -'M-' sometime in 1969 - Assuming that no date was fixed for the performance of contract between the..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Power to attract the provision of O.7.R.11 CPC is not conferred on the party to the suit - Plaint if does not disclose any cause of action or it is insufficiently stamped or it is barred by law then without there being any prayer of the defendant, Court is duty bound to..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Nothing stated in application how cause of action not constituted and how petition is barred by law - Application rightly rejected...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 15(2), Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit when barred by any law - Plaint has to be rejected...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaint if does not disclose any cause of action or it is insufficiently stamped or it is barred by law, then without there being any prayer of defendant, Court is duty bound to reject the plaint suo moto - Defendant has no right to file the application U.O.7.R.11 CPC..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Factors to be taken into account - Held, verification shall be only with reference to contents of plaint - In other words, it is only when contents of plaint on their face value and without aid of any external material disclose that suit is barred by any law or by..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Claim barred by limitation - Factors to be taken into account - Held, normally a plaintiff cannot be permitted to amend plaint by adding a fresh claim or relief if on the date when application for amendment is moved that claim or relief is barred by law of limitation -..........

Showing : 81-90 of 165 Results